Fisheries (South Island Customary Fishing) Regulations 1999

Order in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 89 of the Fisheries Act 1983 and section 186 of the Fisheries Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1Title and commencement

(2)These regulations come into force on the 28th day after the date of their notification in the Gazette.

Preliminary provisions

2Interpretation

(1)In these regulations, unless the context otherwise requires,—

chief executive means, subject to any enactment, the chief executive for the time being of the Ministry that has, with the authority of the Prime Minister, assumed responsibility for these regulations

customary food gathering means the traditional rights confirmed by the Treaty of Waitangi and the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, which include, in this context, the right to take, and the right to manage, fisheries resources for a purpose authorised by Tangata Tiaki/Kaitiaki, including koha, to the extent that such purpose is consistent with tikanga Māori and is neither commercial in any way nor for pecuniary gain or trade; and customary food gathering area/rohe moana and area/rohe moana have a corresponding meaning

local community means those persons—

(a)who own any land in the proximity of a proposed mātaitai reserve; or

(b)who—

(i)have a place of residence in the proximity of a proposed mātaitai reserve; and

(ii)have been in occupation for a cumulative period of no less than 3 months in the 3 consecutive years immediately preceding the date of the application for that mātaitai reserve

mātaitai reserve means an identified traditional fishing ground established as a mātaitai reserve under regulation 20

Minister means, subject to any enactment, any Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of these regulations

Ministry means, subject to any enactment, the Ministry that has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of these regulations

South Island fisheries waters means that part of New Zealand fisheries waters shown on Allocation Plan NT 506 (SO 19902); and nothing in this definition limits or affects the meaning the term has in any context outside these regulations

Tangata Tiaki/Kaitiaki means any person or persons appointed as Tangata Tiaki/Kaitiaki under these regulations who are members of the tangata whenua, or of any tangata whenua organisation or their nominated representatives

tangata whenua, in relation to a particular area, means—

(a)the whānau or hapū of Ngāi Tahu Whānui that hold manawhenua manamoana over that area and are represented by Te Rūnanga o Ngāi Tahu; or

(b)the whanau, hapū, or iwi that hold manawhenua manamoana over that area and are represented by—

4Relationship between these regulations and other regulations

(1)In the event of any inconsistency between these regulations and any other regulations made under the Fisheries Act 1983 or the Fisheries Act 1996, these regulations prevail over such other regulations.

(2)Until the Minister confirms a Tangata Tiaki/Kaitiaki for a customary food gathering area/rohe moana in accordance with regulation 9 of these regulations, regulations 27 and 27A of the Fisheries (Amateur Fishing) Regulations 1986 apply to the taking of fish, aquatic life, or seaweed for customary food gathering purposes from that customary food gathering area/rohe moana.

(3)Nothing in these regulations prevails over any emergency measures imposed under section 16 of the Fisheries Act 1996.

Confirmation of Tangata Tiaki/Kaitiaki for general customary food gathering

5Notification

(1)The tangata whenua may, in accordance with these regulations, manage customary food gathering within the area/rohe moana for which they are tangata whenua.

(2)Before the tangata whenua begin the management of customary food gathering under these regulations, the tangata whenua must notify the Minister, in form 1, of the nominated Tangata Tiaki/Kaitiaki and the customary food gathering area/rohe moana for which they hold management responsibility.

6Public notice

On being notified of a proposed Tangata Tiaki/Kaitiaki under regulation 5, the Minister, as soon as practicable but no later than 20 working days after the receipt of such a notification, must cause the details of that notification to be published at least twice, with an interval of not less than 5 working days between each publication, in a newspaper circulating in the locality of the proposed customary food gathering area/rohe moana.

7Submissions

(1)Within 20 working days after the date of the second publication of a notification under regulation 6, any person referred to in subclause (2) may make a submission concerning the notification to the office of the Ministry nearest the locality of the proposed customary food gathering area/rohe moana.

(2)A person may make a submission under subclause (1) if the person belongs to—

(a)the tangata whenua on whose behalf the notification is made; or

(b)the Rūnanga, or other organisation representing the relevant iwi interest; or

(c)any marae, hapū, or iwi claiming manawhenua manamoana in respect of customary food gathering in any part of the customary food gathering area/rohe moana for which the proposed Tangata Tiaki/Kaitiaki has been nominated.

8Dispute resolution

(1)This regulation applies if the Minister considers that any submission referred to in regulation 7(1) indicates a dispute regarding—

(a)who are tangata whenua; or

(b)who should be Tangata Tiaki/Kaitiaki; or

(c)the boundaries of the area of management responsibility concerned.

(2)If this regulation applies, the Minister must, as soon as practicable,—

(a)notify the tangata whenua who made a notification under regulation 5, and any person who has made a submission, that this regulation applies; and

(b)recommend that they agree on a dispute resolution process that is consistent with tikanga Māori to resolve any dispute referred to in subclause (1).

(3)Without limiting subclause (2), in resolving any dispute under that subclause, the parties may agree—

(a)to nominate a Tangata Tiaki/Kaitiaki not previously nominated in any notification of a customary food gathering area/rohe moana:

(b)to boundaries of the proposed customary food gathering area/rohe moana that differ from those contained in any notification of a customary food gathering area/rohe moana.

(4)If a dispute resolution process has been concluded and no agreement is reached on the notification in accordance with this regulation, the parties must refer the dispute to an authority agreed to between the parties for settlement of the dispute.

(5)As soon as practicable after the conclusion of the dispute resolution process established under subclauses (2)(b) and (4), the tangata whenua who made the notification under regulation 5 must advise the Minister in writing of—

(a)the persons who are tangata whenua; and

(b)the name of the Tangata Tiaki/Kaitiaki; and

(c)the boundaries of the area of management responsibility concerned; and

(d)the resolution of any other dispute under subclause (1).

9Confirmation of Tangata Tiaki/Kaitiaki

(1)The Minister must confirm the appointment of the person or persons notified as Tangata Tiaki/Kaitiaki of the proposed customary food gathering area/rohe moana if satisfied that—

(a)no submission in opposition for a general customary food gathering area/rohe moana has been received under regulation 7; or

(b)a dispute resolution process has been concluded under regulation 8 and all disputes have been resolved through that process.

(2)As soon as reasonably practicable and in any case no later than 20 working days after the appointment of any Tangata Tiaki/Kaitiaki under subclause (1), the Minister must cause to be published in a newspaper circulating in the locality of the proposed customary food gathering area/rohe moana, and in the Gazette, a notice—

(a)confirming the appointment of the Tangata Tiaki/Kaitiaki; and

(b)describing the boundaries of the customary food gathering area/rohe moana for which the Tangata Tiaki/Kaitiaki is to exercise any function under these regulations.

(3)A Tangata Tiaki/Kaitiaki may be appointed for up to 5 years and confirmation of the appointment takes effect on a date to be specified in the Gazette notice under subclause (2).

(4)At any time during the illness or absence of any Tangata Tiaki/Kaitiaki or for any other temporary purpose, the Tangata Tiaki/Kaitiaki may, with the approval of, and for such period of time as may be agreed to by, the relevant tangata whenua under regulation 5 or regulation 8, and with prior notification to the chief executive, delegate his or her powers under these regulations to any member of the tangata whenua of the customary food gathering area/rohe moana concerned.

(5)If, on or before the expiration of the appointment of any Tangata Tiaki/Kaitiaki, the relevant tangata whenua under regulation 5 or regulation 8 advise the Minister that they wish to nominate the person confirmed for a further appointment, the Minister must appoint that person for a further period of up to 5 years.

(6)Unless subclause (5) applies, at the end of the appointment period the Minister must seek new nominations from the relevant tangata whenua under regulation 5 or regulation 8.

(7)Non-compliance with any time period specified in any of regulations 6 to 8, or in this regulation, does not prevent the Minister appointing a Tangata Tiaki/Kaitiaki.

10Cancellation of appointment

(1)The Minister must cancel the appointment of any Tangata Tiaki/Kaitiaki appointed under regulation 9 on receipt of a request in writing from—

(a)the tangata whenua who nominated the Tangata Tiaki/Kaitiaki appointed under regulation 9; or

(2)If the appointment of a Tangata Tiaki/Kaitiaki is cancelled under subclause (1) or upon the death of a Tangata Tiaki/Kaitiaki, the Minister must appoint another Tangata Tiaki/Kaitiaki nominated by the tangata whenua who made the original nomination of a Tangata Tiaki/Kaitiaki.

(3)The Minister must cause to be published in a newspaper circulating in the locality of the proposed area/rohe moana, and in the Gazette, a notice of—

(a)the cancellation of any appointment of a Tangata Tiaki/Kaitiaki under subclause (1); and

(b)the appointment of any new Tangata Tiaki/Kaitiaki under subclause (2).

(4)A cancellation or appointment notified under subclause (3) takes effect on a date to be specified in the Gazette notice under that subclause.

(1)A Tangata Tiaki/Kaitiaki appointed under these regulations may authorise any individual, in accordance with this regulation, to take fish, aquatic life, or seaweed for customary food gathering purposes from within the whole or any part of the customary food gathering area/rohe moana concerned.

(2)No authorisation made under subclause (1) has any effect unless it has been made in form 2, and specifies—

(a)the persons who are authorised to take the species covered by the authorisation; and

(3)Despite subclause (2), if the Tangata Tiaki/Kaitiaki and the chief executive agree to a process and form of authorisation other than that referred to in subclause (2) (which other process and form may include, without limitation, the granting of oral authorisations), that process and form of authorisation replaces the process and form referred to in subclause (2) from an agreed date, and every authorisation made in that agreed form has the same effect as an authorisation referred to in subclause (2).

(4)An authorisation granted under subclause (3) must specify the matters referred to in paragraphs (a) to (j) of subclause (2).

(5)The holder of an authorisation granted under this regulation must produce it, or provide details which verify it, when reasonably requested to do so by a fishery officer.

(6)A person who takes fish, aquatic life, or seaweed under an authorisation given under these regulations must, no later than 5 working days after the taking of those fish, aquatic life, or seaweed, advise the Tangata Tiaki/Kaitiaki of the species and quantity taken under that authorisation.

12Record of authorisation to be produced to fishery officer

If a fishery officer has reasonable cause to suspect an offence has been committed against these regulations,—

(a)any fishery officer may request the relevant Tangata Tiaki/Kaitiaki who granted the relevant authorisation to produce the records concerning the authorisation to which the suspected offence relates; and

(b)the Tangata Tiaki/Kaitiaki must produce the records when requested to do so by a fishery officer.

13Commercial fishing and customary fishing on same trip

(1)Subclause (2) applies if, on any fishing trip, a person—

(a)takes fish, aquatic life, or seaweed for customary food gathering purposes under an authorisation granted by a Tangata Tiaki/Kaitiaki; and

(2)All fish, aquatic life, and seaweed taken on that trip for customary food gathering purposes must be treated as having been taken otherwise than under these regulations unless they are placed in separate marked containers and are clearly identified as having been taken for customary food gathering purposes.

Participation of Tangata Tiaki/Kaitiaki in fisheries management

14Sustainability measures

A Tangata Tiaki/Kaitiaki may provide input to and participate in the process of setting or varying sustainability measures, or developing management measures, concerning the whole or any part of the customary food gathering area/rohe moana concerned.

15Information to be provided

(1)Within 1 month after the end of each quarter in each calendar year, a Tangata Tiaki/Kaitiaki, or such other person as may be agreed between the tangata whenua and the Ministry under regulation 35, must provide in form 3, for the sole purpose of setting or varying sustainability measures or developing management controls, a summary of information collected under regulations 32 and 33.

(2)The information referred to in subclause (1) must be provided to the office of the Ministry nearest the customary food gathering area/rohe moana concerned.

(3)In making any decision under section 21 of the Fisheries Act 1996, the Minister must have regard to information provided under this regulation or provided by a Tangata Tiaki/Kaitiaki under regulation 14.

16Iwi planning document

(1)Any Tangata Tiaki/Kaitiaki may prepare a management plan or strategy for any part of the customary food gathering area/rohe moana concerned.

(2)When a plan is prepared by a Tangata Tiaki/Kaitiaki and that plan is agreed to be authorised by the tangata whenua of the part of the area/rohe moana concerned, the plan—

(a)may be treated as a planning document recognised by an iwi authority for the purposes of the Resource Management Act 1991, if it meets the requirements of that Act:

(b)must be taken into account by the Minister for the purposes of section 10(b) of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

Mātaitai reserves

17Application for mātaitai reserve

(1)The persons referred to in subclause (3) may from time to time apply to the Minister, in form 4, for a mātaitai reserve in respect of any part of the area/rohe moana for which they are the tangata whenua or Tangata Tiaki/Kaitiaki.

(2)The application must include the name of the person or persons being nominated as the Tangata Tiaki/Kaitiaki for the mātaitai reserve.

18Notification of application

(1)No later than 20 working days after receipt of any application under regulation 17, the Minister must cause notice of the application to be published at least twice, with an interval of not less than 5 working days between each publication, in a newspaper circulating in the locality of the proposed mātaitai reserve.

(2)The notice must invite written submissions to be made by the local community, and allow a minimum of 20 working days for such submissions to be made.

19Consultation

(1)As soon as practicable, and in any case no later than 20 working days after the closing date for receiving submissions under regulation 18, the Minister must cause notice of a meeting to be published at least twice, with an interval of not less than 5 working days between each publication, in a newspaper circulating in the locality of the proposed mātaitai reserve.

(2)The Minister and the tangata whenua applying for the proposed mātaitai reserve must together consult with the local community at the meeting.

(3)After consultation with the local community, the tangata whenua may amend an application made under regulation 17 and must advise the Minister of any amendments to the application.

(4)As soon as practicable after consultation with the local community under subclause (2) or on being advised of an amended application under subclause (3) (as the case may be), the Minister must give a notice in accordance with subclause (5).

(5)The notice referred to in subclause (4) must be published in a newspaper circulating in the locality of the proposed mātaitai reserve, and—

(a)set out details of the application for a mātaitai reserve; and

(b)invite written submissions about the fish stocks in the area specified in the application from persons who take fish, aquatic life, or seaweed or own quota, and whose ability to take such fish, aquatic life, or seaweed or whose ownership interest in quota may be affected by the proposed mātaitai reserve; and

(c)allow a minimum of 20 working days for such submissions to be made.

(6)As soon as practicable after submissions have been made in accordance with subclause (5), the Minister must—

(a)advise the tangata whenua or the applicant under regulation 17 of the submissions; and

(b)discuss with the tangata whenua any conditions relating to the mātaitai reserve that the Minister considers may be necessary to address issues raised by those submissions.

20Declaration of mātaitai reserve

(1)Subject to regulation 19, the Minister must, by notice in the Gazette, declare an area to be a mātaitai reserve if satisfied that—

(a)there is a special relationship between the tangata whenua making the application and the proposed mātaitai reserve; and

(b)the general aims of management specified in the application under regulation 17 are consistent with the sustainable management of the fishery to which the application relates; and

(c)the proposed mātaitai reserve is an identified traditional fishing ground and is of a size appropriate to effective management by the tangata whenua; and

(d)the Minister and the tangata whenua are able to agree on suitable conditions for the proposed mātaitai reserve; and

(e)the proposed mātaitai reserve will not—

(i)unreasonably affect the ability of the local community to take fish, aquatic life, or seaweed for non-commercial purposes; or

(ii)prevent persons with a commercial interest in a species taking their quota entitlement or annual catch entitlement (where applicable) within the quota management area for that species; or

(iii)prevent persons with a commercial fishing permit for a non-quota management species taking fish, aquatic life, or seaweed under their permit within the area for which that permit has been issued; and

(2)If the Minister considers that an application for a mātaitai reserve under regulation 17 does not meet 1 or more of the criteria set out in subclause (1), the Minister must decline that application as soon as reasonably practicable and, in any case no later than 30 working days after the date of the Minister's decision to decline the application, the Minister must notify the applicant in writing of that fact and state the reasons for declining.

(3)Non-compliance with any time period specified in regulation 18 or regulation 19 does not prevent the Minister declaring a mātaitai reserve in accordance with this regulation.

(4)If the Minister declares a mātaitai reserve under subclause (1), the Minister must cause an appropriate notice to be published in the Gazette as soon as practicable.

21Appointment of Tangata Tiaki/Kaitiaki for mātaitai reserve

(1)The Minister must appoint the Tangata Tiaki/Kaitiaki nominated on the approved form under regulation 17 for the corresponding mātaitai reserve declared under regulation 20.

(2)A Tangata Tiaki/Kaitiaki may be appointed under subclause (1) for up to 5 years.

(3)At any time during the illness or absence of any Tangata Tiaki/Kaitiaki or for any other temporary purpose, the Tangata Tiaki/Kaitiaki may, with the approval of, and for such period of time as may be agreed to by the tangata whenua who nominated the Tangata Tiaki/Kaitiaki under regulation 17(2), and on prior notification to the chief executive, delegate his or her powers under these regulations to any member of the tangata whenua of the customary food gathering area/rohe moana concerned.

22Notification of mātaitai reserve and Tangata Tiaki/Kaitiaki

(1)As soon as practicable, and in any case no later than 20 working days, after the appointment of a Tangata Tiaki/Kaitiaki for a mātaitai reserve under regulation 21, the chief executive must cause to be published in a newspaper circulating in the locality of the mātaitai reserve, and in the Gazette, a notice—

(a)stating that the mātaitai reserve has been declared under regulation 20; and

(b)describing the boundaries of the reserve; and

(c)naming the Tangata Tiaki/Kaitiaki.

(2)The declaration of a mātaitai reserve under regulation 20 and appointment of Tangata Tiaki/Kaitiaki under regulation 21 takes effect on a date to be specified in the Gazette notice under this regulation.

(3)If, on or before the end of a person's appointment as a Tangata Tiaki/Kaitiaki, the relevant tangata whenua under regulation 5 or regulation 8 advise the Minister that they wish to nominate that person for a further appointment, the Minister must appoint that person for a further period of up to 5 years.

(4)Unless subclause (3) applies, at the end of a person's appointment as a Tangata Tiaki/Kaitiaki, the Minister must seek new nominations from the relevant tangata whenua under regulation 5 or regulation 8.

23Cancellation of appointment

(1)Subject to this regulation, the Minister must cancel the appointment of a Tangata Tiaki/Kaitiaki in respect of a mātaitai reserve on receipt of a request in writing from—

(a)the tangata whenua who nominated the Tangata Tiaki/Kaitiaki under regulation 17; or

(b)the Tangata Tiaki/Kaitiaki of the mātaitai concerned.

(2)If the appointment of a Tangata Tiaki/Kaitiaki is cancelled under subclause (1) or upon the death of a Tangata Tiaki/Kaitiaki, the Minister must appoint another Tangata Tiaki/Kaitiaki nominated by the tangata whenua who made the original proposal for a Tangata Tiaki/Kaitiaki.

(3)The Minister must cause to be published in a newspaper circulating in the locality of the area/rohe moana concerned, and in the Gazette, a notice of—

(a)the cancellation of the appointment of a Tangata Tiaki/Kaitiaki; and

(b)the appointment of a new Tangata Tiaki/Kaitiaki.

(4)The cancellation or appointment takes effect on a date to be specified in the Gazette notice under subclause (3).

Powers of Tangata Tiaki/Kaitiaki in mātaitai reserve

24Fishing in mātaitai reserve

(1)Subject to this regulation and to regulations 25 to 29, regulation 11 and the Fisheries (Amateur Fishing) Regulations 1986 apply to fishing in a mātaitai reserve.

(2)No person may engage in commercial fishing in a mātaitai reserve.

(3)Despite subclause (2), the Tangata Tiaki/Kaitiaki of the mātaitai reserve may request the Minister to recommend the making of regulations to allow the commercial taking of specified species of fish, aquatic life, or seaweed, by quantity or time period, within that mātaitai reserve.

(4)On receipt of a request from the Tangata Tiaki/Kaitiaki made under subclause (3), the Minister may recommend to the Governor-General the making of regulations under Part 16 of the Fisheries Act 1996 to provide for commercial fishing in that mātaitai reserve for such species of fish, aquatic life, or seaweed in such quantities and for such time as may be requested under subclause (3).

(5)If regulations of the kind referred to in subclause (3) are made, such commercial fishing must be conducted in accordance with the provisions of the Fisheries Act 1996 and the relevant commercial fishing regulations applying under that Act.

25Power to restrict or prohibit fishing in mātaitai reserve

(1)The Tangata Tiaki/Kaitiaki of a mātaitai reserve may make bylaws restricting or prohibiting the taking of fish, aquatic life, or seaweed from within the whole or any part of the mātaitai reserve for any purpose that the Tangata Tiaki/Kaitiaki considers necessary for the sustainable management of the fish, aquatic life, and seaweed in that mātaitai reserve.

(2)Bylaws made under this regulation may impose restrictions or prohibitions relating to all or any of the following matters:

(a)the species of fish, aquatic life, and seaweed that may be taken:

(b)the quantity of each species that may be taken:

(c)size limits relating to each species to be taken:

(d)the method by which each species may be taken:

(e)the area or areas in which each species may be taken:

(f)any other matters the Tangata Tiaki/Kaitiaki considers necessary for the sustainable management of fisheries resources, including (without limitation) customary food gathering purposes, in the mātaitai reserve.

(3)Bylaws made under this regulation apply generally to all persons fishing in the mātaitai reserve.

(4)Bylaws made under this regulation—

(a)must be deposited with the office of the Ministry nearest the mātaitai reserve and also at a place near the mātaitai reserve that is designated by the chief executive for the purpose; and

(b)must be open to inspection by, and for the purposes of receiving submissions from, the public during office hours for at least 15 working days immediately before the date on which the restriction or prohibition is notified to the Minister under regulation 26.

(5)The chief executive must notify in a newspaper circulating in the locality of the mātaitai reserve the fact that a bylaw has been deposited under subclause (4) and the place where that bylaw may be inspected.

(6)A Tangata Tiaki/Kaitiaki may amend any bylaw deposited with the Ministry under subclause (4), in light of any submission received, and need not deposit the amended bylaw with the Ministry before notifying the Minister of that restriction or prohibition under regulation 26.

26Notification of restriction or prohibition

(1)On the making of a bylaw under regulation 25 restricting or prohibiting the taking of fish, aquatic life, or seaweed within a mātaitai reserve,—

(a)the Tangata Tiaki/Kaitiaki must notify the Minister of the bylaw; and

(b)the notification must be accompanied by a copy of the bylaw and a statement of the reasons why the Tangata Tiaki/Kaitiaki considers the proposed restriction or prohibition necessary or desirable for the sustainable management of the fish, aquatic life, or seaweed in that mātaitai reserve.

(2)On receipt of any notice under subclause (1), the Minister must decide, as soon as practicable and in any case no later than 40 working days after the making of the bylaw, whether to approve the bylaw.

(3)Non-compliance with any time period specified in regulation 25 or in this regulation does not prevent the Minister approving a bylaw in accordance with this regulation.

(4)On approving the imposition of a bylaw in a mātaitai reserve under subclause (2), the Minister must, as soon as practicable after approving such a bylaw, publish the approved bylaw in the Gazette.

(5)On rejecting the imposition of a bylaw in a mātaitai reserve under subclause (2), the Minister must notify the Tangata Tiaki/Kaitiaki of his or her decision.

(6)Any bylaw approved under this regulation takes effect on a date to be specified in the approved bylaw published in the Gazette.

27Power to authorise fishing for functions of marae

Subject to regulation 11, the Tangata Tiaki/Kaitiaki for a mātaitai reserve may authorise the taking of fish, aquatic life, or seaweed to continue for purposes which sustain the functions of a marae, despite any bylaws applying under this Part.

No person may fish from any New Zealand fishing vessel in a mātaitai reserve for the purpose of sustaining the functions of a marae unless expressly authorised to do so by a Tangata Tiaki/Kaitiaki under regulation 27.

29Enhancement of fish stocks

Subject to regulation 11 and despite any bylaw applying under these regulations, any Tangata Tiaki/Kaitiaki for a mātaitai reserve may authorise any person to take fish, aquatic life, or seaweed from any area within that mātaitai reserve and to release those fish, aquatic life, or seaweed within another part of that mātaitai reserve, for the purpose of enhancing the stock or stocks.

Powers of Minister

30Minister's powers concerning management by Tangata Tiaki/Kaitiaki

(1)This regulation applies if the Minister considers, after consulting with the tangata whenua and the Tangata Tiaki/Kaitiaki, that, for the purposes of these regulations and in accordance with Tikanga Māori,—

(a)the general customary food gathering area/rohe moana is not being sustainably managed; or

(b)the management of any mātaitai reserve will adversely affect the sustainable management of that mātaitai reserve; or

(c)the management of the mātaitai reserve is not in accordance with any conditions agreed by the Minister and the tangata whenua under regulation 20; or

(d)the management of any mātaitai reserve is significantly different from the aims specified in the approved form under regulation 17 for managing the mātaitai reserve; or

(e)the requirements under regulations 32, 33, 36, and 37 are not being met by the Tangata Tiaki/Kaitiaki; or

(f)a Tangata Tiaki/Kaitiaki is acting in contravention of his or her authority under these regulations.

(2)If this regulation applies, the Minister must provide such advice and assistance as he or she considers necessary to enable the Tangata Tiaki/Kaitiaki to remedy the matters forming the basis of the Minister's concerns.

(3)If, after consultation with the tangata whenua, the Minister considers that a Tangata Tiaki/Kaitiaki is unable or unwilling to implement any advice or assistance provided under subclause (2),—

(a)the Minister and the tangata whenua must, as soon as reasonably practicable, and in any case no later than 60 working days after the commencement of consultation by the Minister, develop a management strategy to sustainably manage the customary food gathering area/rohe moana; and

(b)the Minister must require the Tangata Tiaki/Kaitiaki, by notice in writing, to observe the management strategy until such time as the Minister, after consultation with the tangata whenua, is satisfied that the stock concerned is being sustainably managed.

(4)If the Minister requires the Tangata Tiaki/Kaitiaki to observe a management strategy under subclause (3), no restriction or prohibition or bylaw may be made under regulation 25 that is inconsistent with that management strategy.

31Cancellation of appointment of Tangata Tiaki/Kaitiaki

(1)If any Tangata Tiaki/Kaitiaki fails to follow a management strategy provided under regulation 30(3), the Minister, by notice in the Gazette, must notify the local tangata whenua of that Tangata Tiaki/Kaitiaki and may cancel the appointment of that Tangata Tiaki/Kaitiaki.

(2)A person whose appointment as Tangata Tiaki/Kaitiaki is cancelled under subclause (1) is not eligible for reappointment for a period of up to 5 years after the date of cancellation without the Minister's approval.

(3)The Minister must, within 60 working days after the date of the notification in the Gazette under subclause (1), appoint another Tangata Tiaki/Kaitiaki nominated by the tangata whenua who made the original nomination of the Tangata Tiaki/Kaitiaki appointed under regulation 9 or regulation 21.

(4)The Minister must cause to be published in a newspaper circulating in the locality of the customary food gathering area/rohe moana or mātaitai reserve concerned, and in the Gazette, a notice of—

(a)the cancellation of any appointment of a Tangata Tiaki/Kaitiaki under subclause (1); and

(b)the appointment of any new Tangata Tiaki/Kaitiaki under subclause (3).

(5)A cancellation or appointment notified under subclause (4) takes effect on a date to be specified in the Gazette notice under that subclause.

Accountability mechanisms

32Records of authorisations

Every Tangata Tiaki/Kaitiaki appointed under these regulations must keep accurate records of every authorisation granted, and the records must specify full particulars of that authorisation.

33Records of fish, aquatic life, and seaweed taken

Every Tangata Tiaki/Kaitiaki appointed under these regulations must keep accurate records of the species and quantities of fish, aquatic life, and seaweed taken by those persons authorised under these regulations to take fish, aquatic life, or seaweed, as advised by those persons under regulation 35.

34Authorisation to be held

(1)Persons authorised under these regulations to take fish, aquatic life, or seaweed, except those authorised under regulation 11(3), must hold in their possession proof of the authorisation when fishing under that authorisation.

(2)Persons authorised under regulation 11(3) to take fish, aquatic life, or seaweed must have in their possession details that verify that the authorisation was given in accordance with regulation 11(3) when fishing under the alternate authorisation.

35Reporting

(1)Any person authorised under these regulations to take fish, aquatic life, or seaweed must advise the Tangata Tiaki/Kaitiaki of the species and quantity of fish, aquatic life, and seaweed taken under that authorisation, no later than 5 working days after the taking of that fish, aquatic life, or seaweed.

(2)Any person authorised under these regulations to take fish, aquatic life, or seaweed must advise the Tangata Tiaki/Kaitiaki as soon as practicable of any other species and quantities of such species taken as a result of the lawful taking of the fish, aquatic life, or seaweed authorised.

36Notification

(1)Within 1 month after the end of each quarter in each calendar year, every Tangata Tiaki/Kaitiaki appointed under these regulations must provide to such person, as is agreed between the tangata whenua and the Ministry, copies of every record kept by the Tangata Tiaki/Kaitiaki under regulations 32 and 33 during the preceding 3 months.

(2)Fishery officers may have access to the records referred in subclause (1), for general compliance purposes, provided agreement is reached with the Tangata Tiaki/Kaitiaki for such access.

37Tangata Tiaki/Kaitiaki to meet and inform tangata whenua

(1)The Tangata Tiaki/Kaitiaki must, no later than 31 March in each year, hold a meeting with the tangata whenua, and must at that meeting report on—

(a)the administration of these regulations by the Tangata Tiaki/Kaitiaki within the customary food gathering area/rohe moana; and

(b)the number of authorisations granted for the period, including those granted for the purpose of sustaining the functions of the marae, and the species and quantities of each species for which authorisations were granted; and

(c)any restrictions or prohibitions, including rāhui, in force for that period; and

(d)the number of mātaitai reserves and other places of customary food gathering importance in the area/rohe moana of the tangata whenua; and

(e)any other matters arising.

(2)The Tangata Tiaki/Kaitiaki must publicly notify the date of every meeting to be held under subclause (1).

38Assistance to Tangata Tiaki/Kaitiaki

The Minister must provide to any Tangata Tiaki/Kaitiaki such information and assistance as may be necessary for the proper administration of these regulations and do so in accordance with section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

Offences and penalties

39Taking of fish, aquatic life, or seaweed without approval or authorisation prohibited

A person commits an offence against these regulations if the person takes fish, aquatic life, or seaweed in circumstances to which these regulations apply, whether from a New Zealand fishing vessel or otherwise, unless—

(a)either—

(i)that person has been authorised, and is in possession of an authorisation, to take fish, aquatic life, or seaweed, and that authorisation has been granted by a Tangata Tiaki/Kaitiaki under regulation 11; or

(ii)that person has been authorised, and is in possession of an authorisation, to take fish, aquatic life, or seaweed within the whole or any part of a mātaitai reserve for the purpose of sustaining the functions of a marae, and that authorisation has been granted by a Tangata Tiaki/Kaitiaki under regulation 27; and

40Possessing fish, aquatic life, or seaweed taken without approval or authorisation prohibited

A person commits an offence against these regulations if the person is in possession of fish, aquatic life, or seaweed in circumstances to which these regulations apply, unless—

(a)those fish, aquatic life, or seaweed were taken under an authorisation to take fish, aquatic life, or seaweed granted by a Tangata Tiaki/Kaitiaki under regulation 11; or

(b)those fish, aquatic life, or seaweed were taken under an authorisation to take fish, aquatic life, or seaweed granted by a Tangata Tiaki/Kaitiaki under regulation 27.

41Defence available if unauthorised catch taken as inevitable consequence of lawful taking

A person charged with an offence of taking fish, aquatic life, or seaweed contrary to these regulations or to any authority given under these regulations has a defence to those proceedings if the person can show that—

(a)the fish, aquatic life, or seaweed were taken as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed; and

(b)the defendant took reasonable precautions and exercised due diligence to avoid the contravention; and

(c)the defendant advised the Tangata Tiaki/Kaitiaki as soon as practicable after the fish, aquatic life, or seaweed were taken as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed; and

(d)the defendant disposed of the fish, aquatic life, or seaweed taken as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed in accordance with any direction from the Tangata Tiaki/Kaitiaki.

42Altering authorisation is offence

A person commits an offence against these regulations if, otherwise than in accordance with these regulations, the person alters in any way any authorisation granted under these regulations.

43Breach of bylaws is offence

A person commits an offence against these regulations if the person breaches any bylaw notified under regulation 26.

44Penalties

A person who commits an offence against these regulations is liable as follows:

(a)on the first occasion on which the person is convicted of 1 or more offences, the person is liable in respect of that offence or each of those offences (as the case may be) to a fine not exceeding $10,000:

(b)on every subsequent occasion on which the person is convicted of 1 or more offences, the person is liable in respect of that offence or each of those offences (as the case may be) to a fine not exceeding $20,000.

Revocation and saving

45Revocation

46Saving

Without limiting anything in the Interpretation Act 1999, the revocation of the Fisheries (South Island Customary Fishing) Regulations 1998 by regulation 45 does not affect the validity of any document made or anything done under those regulations.

ScheduleForms

Form 1Notification of Tangata Tiaki/Kaitiaki for management of customary food gathering

Area of authority of Tangata Whenua (manawhenua, manamoana)

Tangata Tiaki/Kaitiaki being nominated

Please state the name, address, and phone number of the Tangata Tiaki/Kaitiaki you wish to notify to the Minister, and the location of the area of management responsibility of the Tangata Tiaki/Kaitiaki, in the space provided. Please attach an additional page if required.

Name:

Address:

Signature:

Phone:

Boundary of proposed area of management responsibility for Tangata Tiaki/Kaitiaki:

Form 2Authorisation to take for customary purposes

Authorised harvest and conditions

Date when species to be taken

Species

Size limit

Quantity (number or greenweight)

Area from which species to be taken

Method

Actual quantity gathered

Lower

Upper

Any other conditions:

The above harvester/s is/are authorised to take quantities of Kai-Moana, Kai-Awa, and/or Kai-Roto, as approved in this authorisation, provided that they are only taken from the area specified and for the purpose notified. This authorisation is not transferable. It must be shown to any fishery officer on request. This authorisation is valid only for the date specified.

Tangata Tiaki/Kaitiaki: [print name]

Address:

Phone No:

Signature:

Date signed:

The harvester must report his/her actual catches to the Tangata Tiaki/Kaitiaki within 5 working days of the harvesting date specified on this authorisation.

This form must be submitted to the nearest regional office of the Ministry of Fisheries within 1 month of the end of the specified quarterly reporting period.

If approvals or landings for a single species have been made with different measurement units (ie, sometimes in “Kg” and other times in “No”), then 2 lines of information must be provided for that species.

Use additional forms if required.

Additional information on species codes or Fisheries Management Areas may be obtained from the Ministry of Fisheries.

Reprints notes

1General

This is a reprint of the Fisheries (South Island Customary Fishing) Regulations 1999 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.